The
report makes the case for the introduction of presumed liability
onto Scotland's roads. For a summary of the key findings and to
download the report, please click here.

At
present, the UK is out of step with Europe as one of only five EU
countries (along with Cyprus, Malta, Romania and Ireland) that does
not operate some form of strict liability regime for vulnerable
road users. Strict liability is already established in other areas
of UK law.

As a
consequence, our current system expects those injured or the
families of those killed to go through an often harsh and
protracted process to gain much needed treatment, care or
compensation. On the Continent, strict liability regimes are seen
as an integral factor of cycle safety and Scotland has the power to
introduce this principle into civil law to demonstrate its
credentials as a civilised, cycle-friendly nation.

It is no
coincidence that countries operating a Strict liability regime in
Civil Law are often those with safer roads for vulnerable road
users.

In
Scotland, presumed liability is championed as a way to increase
cycle safety by a range of stakeholders from commentators in the
media to MSPs in the Scottish Parliament and across a range of
cycling and walking organisations.

As the Scottish Government
encourages more cyclists on to the road, it should offer them the
legal protection afforded to other users. By introducing presumed
liability, the Scottish Government has the opportunity to take a
lead in the welfare and status of cyclists and
pedestrians.

Countries in Europe that
do not have some form of strict liability regime.

Sign our petition and
support
Presumed Liability

If you would like to change the culture on our roads and ensure
that vulnerable road users are treated correctly in the event of a
road traffic collision, then please sign the Road Share online
petition calling for a Member's Bill to introduce Presumed
Liability between motorists, cyclists and pedestrians.